Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 4935 of 2025
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Vishwjit learned counsel appearing on behalf of the
petitioner and Sri Nimai Das, Additional Chief Standing Counsel
appearing on behalf of the State.
2. This is a writ petition under Article 226 of the Constitution of India
wherein the petitioner is aggrieved by the order dated August 21, 2024
passed by the respondent No.2/Deputy Commissioner, State Tax, Sector-
19, Agra under Section 73 of the Uttar Pradesh Goods and Services Tax
Act, 2017 (hereinafter referred to as "the Act") for F.Y. 2019-20.
3. Factual matrix in the matter is that the petitioner's registration under the
Act was cancelled on September 17, 2022 w.e.f. 01.02.2022. Subsequent
to the same, no business was carried out by the petitioner. It appears that a
show cause notice dated 20.05.2024 was uploaded on the GST portal and
subsequent to the same, the order impugned dated 21.08.2024 was passed
under Section 73 of the Act for F.Y. 2019-2020.
4. Once the registration has been cancelled, the petitioner is not obligated
to check GST portal. The mode of service of any show cause notice has to
be by way of alternative means to the petitioner.
5. Counsel appearing on behalf of the petitioner relies upon an order
passed by the coordinate Bench of this Court in M/s Katyal Industries v.
State of U.P. and others, Neutral Citation No.2024:AHC:23697-DB.
We are essentially in agreement with the said principle enunciated by the
Versus
Counsel for Petitioner(s)
:
Vishwjit
Counsel for Respondent(s)
:
C.S.C.
M/S Jai Shiv International
.....Petitioner(s)
State of U.P. and Another
.....Respondent(s)
coordinate Bench in the said order.
6.We find that there has been violation of the principle of natural justice, and accordingly, the impugned order dated August 21, 2024 passed by the respondent No.2 is quashed and set aside. The department shall be at liberty to issue a proper notice to the petitioner and act in accordance with law.
7.With the above direction, the writ petition is disposed of. September 25, 2025 K.K. Maurya WTAX No. 4935 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad